Marijuana, due process, policy & procedure, refusal, reasonable suspicion, safety, privacy, public employee, Fourth Amendment.

David Bailey, a former employee of the City of Baytown, files suit against the city, claiming its drug testing policy violated his civil rights. City officials asked Bailey to submit to a urine test after a co-worker detected an odor of marijuana in a van Bailey had driven. Bailey initially refused to comply with the request, but later agreed to provide a sample to a physician retained by the city. The physician concluded that Bailey's sample had been diluted with tap water and asked Bailey to provide second sample. Bailey said he could not provide a second sample at the time. When he reported for work the next morning, Bailey offered to provide another sample for analysis. The city declined his offer and fired Bailey for violating the city's drug policy. A city appeals board affirmed the decision to terminate Bailey's employment. Bailey subsequently filed suit, claiming the city's policy violated his right to privacy and due process. The city responded with a motion for summary judgment on all counts.

This is the first judicial review of this case.

Bailey loses. The U.S. District Court for the Southern District of Texas, Houston Division, granted the city's motion for summary judgment. The court ruled city officials correctly applied the guidelines of an established policy to Bailey's case.